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United States v. Gonzales-Benavides

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 31, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ARMANDO GONZALES-BENAVIDES, DEFENDANT.

The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the Court is the letter request by the Defendant seeking an amendment to his judgment stating that the Bureau of Prisons must grant him 120 days in a Community Corrections Center. On August 17, 2006, this Court entered a Judgment committing the Defendant to the custody of the United States Bureau of Prisons to be imprisoned for a term of twenty-seven (27) months. The Judgment stated in part that "Upon release from imprisonment, the defendant shall be on supervised release for a term of three years" including the special condition of supervision that he "Reside in a Community Corrections Center (CCC) as directed by the probation officer for a period of 120 DAYS." This Court has no jurisdiction to correct or modify criminal judgment at this stage in the proceedings. See, Rule 35(a) of the Federal Rules of Criminal Procedure. Defendant's letter request to modify his judgment entered is denied.

WILLIAM Q. HAYES United States District Judge

20070831

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